The government move pardoning a murder convict had drawn flak from lawmakers
KATHMANDU, OCTOBER 5
The Supreme Court has issued a show cause notice to the government for pardoning murder convict Yog Prasad Dhakal Rigal.
Dhakal who was sentenced to life imprisonment was released from jail on Constitution Day after President Ramchandra Paudel, on recommendation of the Council of Ministers, pardoned him. Dhakal walked out of jail after serving 40 per cent of his jail term.
Dhakal was convicted of killing Chetan Manandhar in broad daylight with a chopper and was slapped 20 years jail term by the district court.
A single bench of Justice Manoj Kumar Sharma issued the show cause notice to the government in response to a writ petition filed by Chetan Manandhar's wife Bharati Sherpa. The apex court also ordered the home ministry to provide security to the writ petitioner and her family till the adjudication of the case.
Stating that the legal questions involved in the case, and the issues raised by the petition demanded hearing by a full bench, the bench referred the case to a full bench. The bench also granted case priority hearing. Defendants have been ordered to furnish written replies by 5:00pm on October 11. Stating that the case demanded prompt hearing, the bench fixed the next hearing for October 12. The bench said if the next hearing could not take place on October 12 for any reason, then the hearing should be held on October 13. The apex court ordered that the original case files be procured from all the government bodies where the files are by October 12.
The court also ordered its administration to club the writ petition (077-CR- 0300) filed by Dhakal seeking the court's permission for withdrawal of his case by the current writ petition.
Other cases related to Dhakal's crime will also be clubbed with Sherpa's writ petition.
The court has ordered the Attorney General to appear before the court for oral submission.
This means Attorney General Dinmani Pokharel cannot avoid the hearing by deputing his junior colleagues.
The court also said the hearing of the case won't be postponed at the request of any case parties.
Granting presidential pardon to Dhakal drew flak from political leaders. Yesterday leader of Opposition KP Sharma Oli, while speaking from the rostrum of the House of Representatives, slammed the government for pardoning Rigal, saying the government had disregarded the laws and set him free and that his release had terrorised people in Nepalgunj.
Today, Nepali Congress General Secretary Gagan Kumar Thapa spoke at the HoR condemning the government's move pardoning Dhakal.
Article 276 provides for presidential pardon. Such provisions, Thapa added, are incorporated into all constitutions to rectify miscarriage of justice which may happen sometimes, but this is an exception and not a rule.
Thapa said the Muluki Criminal Code had stipulated that those serving life term shall not qualify for presidential pardon, but presidential pardon was granted (to Dhakal) on the basis of a case law where the SC said that a person who was slapped life term before enactment of Muluki Criminal code could get presidential pardon. Thapa said the government selectively invoked new and old laws to grant pardon to different convicts.
A version of this article appears in the print on October 6, 2023, of The Himalayan Times
